Karnataka High Court
CRL.P/10013/2026 of SRI.KANISH KUMAR @KANISH, Vs THE STATE OF KARNATAKA on 14 July 2026
NC: 2026:KHC:35911 CRL.P No. 10013 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10013 OF 2026 BETWEEN: 1. SRI.KANISH KUMAR @ KANISH, S/O KASHINATH, AGED ABOUT 36 YEARS, R/AT
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 10013 OF 2026
BETWEEN:
1.
SRI.KANISH KUMAR @ KANISH,
S/O KASHINATH,
AGED ABOUT 36 YEARS,
R/AT NO.407, 3RD CROSS,
K.S.GARDEN, LALBAGH ROAD,
BANGALORE-560027.
2.
SRI.LENIN KUMAR.K @LENIN,
S/O KASHINATH,
AGED ABOUT 34 YEARS,
R/AT NO.334, 3RD CROSS,
K.S.GARDEN, LALBAGH ROAD,
BANGALORE-560027.
3.
SRI.MONISH.Y @MONISH,
S/O YESU.M,
AGED ABOUT 30 YEARS,
R/AT NO.407, 3RD CROSS,
K.S.GARDEN, LALBAGH ROAD,
BANGALORE-560027.
…PETITIONERS
(BY SRI. MURALI M, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
BY SAMPANGIRAMANAGARA POLICE,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560001.
Digitally signed
by
PADMAVATHI B
K
Location: High
Court of
Karnataka
HC-KAR
2.
SMT. CHARULATHA,
W/O SHANTHAKUMAR,
AGED ABOUT 24 YEARS,
R/AT NO.413, 4TH B CROSS,
K.S.GARDEN, LALBAGH ROAD,
BENGALURU-27.
…RESPONDENTS
(BY SMT.WAHEEDA M.M., HCGP FOR R1;
SRI.G.M.HARISH GOWDA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS)
CR.P.C PRAYING TO QUASH THE CASE REGISTERED AGAINST
THE PETITIONERS C.C.NO.32979/2026 VIDE ANNEXURE A, REGISTERED BY RESPONDENT NO.1, SAMPANGIRAMANAGAR
POLICE BASED ON COMPLIANT OF RESPONDENT NO.2, WHICH
IS PENDING BEFORE HONBLE XLVIII ADDL CJM, BENGALURU
FOR THE OFFENCE P/US/ 115(2), 352, 75(3) R/W SEC.3(5) OF
BNS 2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
The petitioners are before this Court calling in question proceedings in C.C.No.32979/2026, pending before the XLVIII Addl. Chief Judicial Magistrate, Bengaluru, for the offences under Sections 115(2), 352, 75(3) read with Section 3(5) of BNS, 2023.
HC-KAR
2. Heard Sri.Murali M, learned counsel appearing for the petitioners, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1, Sri.G.M.Harish Gowda, learned counsel appearing for respondent No.2 and have perused the material on record.
3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a compounding application along with the affidavit of respondent No.2. The said compounding application reads as follows: “1) The petitioners herein preferred above petition to quash the criminal proceedings against them in C.C. No.32979/2026, vide Annexure-A, registered by respondent No.1, Sampangiramanagar Police based on complaint of respondent No.2, which is pending before Hon'ble XLVIII A.C.J.M, Bangalore for the offences punishable U/s 115(2), 352, 75(3) r/w 3(5) Bharathiya Nyaya Sanhita 2023 and therefore seeking indulgence of this Hon'ble Court.
2) It is submitted that, both petitioners and respondent No.2 were residing in the same locality and known to each other and due to friction respondent No.2 filed complaint against petitioners.
3) It is submitted that, at the intervention of elders and well wishers the disputes between petitioners and respondent No.2 were resolved and they are ready to leave happily, by closing the dispute and not interested in pursue the criminal case filed by respondent No.2.
HC-KAR
4) It is submitted that, in view of settlement, the criminal proceedings does not survive and as the disputes are settled, both the parties are not interested in prosecuting the criminal cases and also not interested in continue of the litigations.
It is submitted that, the offences are non compoundable nature against the petitioners and hence seeking indulgence of this Hon'ble Court to quash the proceedings. It is submitted that, there is no coercion or undue influence to respondent No.2 to enter this settlement and no public interest or property will be affected if the proceedings were quashed. It is submitted that if the application is not allowed the parties will be put to great hardship and injury and the purpose of mediation/settlement will be vitiated. Wherefore, the petitioners and respondent No.2, prays that, this Hon'ble Court may be pleased to permit them to compound the offences and quash the entire proceedings against petitioners, in C.C.No.32979/2026, vide Annexure-A, registered by respondent No.1, Sampangiramanagar Police based on complaint of respondent No.2, which is pending before Hon'ble XLVIII A.C.J.M, Bangalore for the offences punishable U/s 115(2), 352, 75(3) r/w 3(5) Bharathiya Nyaya Sanhita 2023, in the interest of justice.”
4. The parties to the lis are present before the Court and are identified by their respective counsels.
5. In the light of application for compounding as quoted supra being filed along with affidavit of respondent No.2 and offences not being against the State, I deem it appropriate
HC-KAR
to accept the compounding application and terminate the proceedings against the petitioners in the subject petition.
6. For the aforesaid reasons, the following:
ORDER
[I] Criminal Petition is disposed. [II] Proceedings in C.C.No.32979/2026, pending before the XLVIII Addl. Chief Judicial Magistrate, Bengaluru, stands quashed qua the petitioners.
Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 1 Sl No.: 54